What is the test for cancelling a certificate of pending litigation?

In Wiest v. Middelkamp, 2005 BCSC 1626, Halfyard J. held that even when the statutory prerequisites set out in s. 252 have been met, the court has a discretion whether to cancel a certificate of pending litigation. At para. 13, Mr. Justice Halfyard articulated factors to be considered in the application of the discretion: 13 In my opinion, the factors relevant to the exercise of the court’s discretion in this type of application include the following: (a) Whether the respondent has given an acceptable explanation for the delay in prosecuting the claim; (b) Whether, despite the presumed prejudice, no actual prejudice would be incurred by the applicant if the order was not granted; and (c) Whether the respondent’s claim for an interest in the land has at least a reasonable prospect of succeeding.